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06-1148Return copy to: (BJE) PWlTechnical Services — Rea! Estate 1000 City Hall Annex Council File # Q(p' � \ �} �( Green Sheet # 3035319 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Refened to Committee: Date �Q 2 WHEREAS, the City of Saint Paul Public Warks Sewer Division (the "City") is planning a major repair 3 and reconstruction project for portions of the St. Peter/Rondo Storm Sewer (the "Sewer") during the first a four months of 2007; and e WHEREAS, the Amherst H. Wilder Foundation ("Wilder") is the owner of propeny at 919 Lafond Avenue, � Saint Paul, which is ad}acent to city land where the major entry point for this sewer is located; and 9 WHEREAS, the City and its contractor will require a large staging area for equipment and materials in the io vicinity of the Sewer entry point; and ii i2 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, Wildez has granted the City a Temporary Construction Easement ("Easement"), attached hereto as Exhibit "A", to help facilitate the staging, repair and reconstruction work; and WHEREAS, Wilder has offered to forego compensation by the City for the value of the Easement; now, therefore be it RESOLVED, that the Mayor and Council of the City of Saint Paul do hereby accept said Temporary Construction Easement and all terms and conditions contained therein. Requested by the Department of: Public Works Bv: Director Form t�fpr�ved by Adopted by Council: Date \Z-/ Z�( � Q(o Adopuon Certified by uncil Se tc er�ar� By: i� � Approved by r: te —L--d 7 By: GdReal &4u\Tax Forfeifl2econveyanceResoluROnJohnsonHS.doc 25 By: 4pprb4ed b or 5ubmission to Council By: v � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Ob pNl Publicworks Contaet Person & Phone: Bruce Engelbrekt 266-8854 Doc. Type: �2-DEC-06 y Assign Number For Routing Order E-Document Required: Y � � Document Contact: Bruce Engelbrekt ConWet Phone: 26&8854 Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3035319 1 licWorlcs PW71SDivM 2 licQVorks De acmientDixector 3 i Attome J�1 Hansoa 5 ouncil 6 ' Cleik C� Clerk Approval of a resolufion accepflog a Temporary Construcflon Easement from the Amherst H. Wilder Foundaflon to provide a staging azea for the City's St Peter/Rondo Storm Sewer repair and reconshucflon project. iaanons: npprove (n) or n Planning Commission q6 Committee Civil Service Commission 1. Has this persoNfirm ever worked under a conVact for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Public Works Sewer Division is planning a major repair and reconstruction project for the St. Peter/Rondo Storm Sewer in eazly 2007. The City needs a temporazy construcflon easement from Wilder because their property is neaz the City's sewer entry point and is ideal for staging and storing of equipment and materials. Wilder has ageed to grant the City [he easement at no chazge. The easement would expire on April 30, 2007, which is when the work would be completed. This resoluflon authorizes the City's acceptance of the easement. AdvanWges If Approved: The City can proceed to do the sewer work and can do the staging on private, out property. Disadvantages If Approved: None �� l�� `�� Disadvantages It Not Approved: The City would have to block off portions of an abutfing street for four months to provide a sufficient staging area. Transaction: Funding Source: Financiallnformation: N/A (6cplain) Cost/Revenue Budgeted: Activity Number: CiOUl1Ci1 R��@�TCt! DEC 19 2�0 December 12, 2006 4:21 PM Page 1 O(a—�14g �h� bit �`(�>' TEIVIPORARY CONSTRUCTION EASEMENT THI3 INDENTTIRE, made ihis 2�� dag of ��usm�er , 2006, by and hetween the Amherst H. Wiider Roundafion, a Dtinnesota non-profit corporation, its successors and assigns, Graator, and the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota, its successors and assigns, Grantee, for good and valuabie consideration, to Grantor it in hand paid and the receipt of wluch is hereby acknowledged, daes hereby grani, bazgain, sell and convey unto Crrantee a Temporary Construcfion Easement (`Basement'� over, under and across the real property ("Easement Area'� depicted on the attached map as E�ibit « It is further understood and agrezd that Gz'antor does hereby convey to Crrantee said Easement for certain purposes including but not Iimited ta entry, operation, fencing and sEorage o£ materials in conjuaction witii and d�u�ing the construction of the St. Peter-Rondo Storm Tunnel Repair Froject as S2 affects C`rrantor's property located at 919 Lafond Avenue in Saint Paul, Nlinnesota. The term of the Easement sha11 begin on January 1, 2fl07 and expire on Apri130, 2007. Gtantee shall restore the Easement Area to its original condition by the expiration date of the Easement. Restoration sha11 include: removal of ali consf�uctian materials, equipment, vehicles and £encing; regrading of topsoil as necessary; and placement of seed and mulch over all disturbed areas. Grantor shall assume ail risk and liability for itself, its agents or employees for any injury to persons or praperty resulting in any mantter from the conduct of its own operations and operations of its agents or employees wittvn the easement area described above, and for any Ioss, cost, damage, ar expense resuliing at any time &om failure to exeroise proper precautions, of or by itsetf ar its own agents or its own employees. Grantor shall not be responsible for any injury to persons or property resulting in any manner fram the conducf of Cnantee's operations and operations of its ageuts or employees within the easement described above, or for any loss, cos#, damage, or expense resulting at any time from failure to exercise proper precauiions, of or by Grantee or its own ageirts or its orvn e�r.ployees. Grantee's liability shall be governed by the provisions of the Minnesota MunicipaI Liability Tort Act, wnn. Stat. §466.04, and other applicable law. �� R� ��. vb �w� '.� I�I11�1{'T�B�' � �¢�� ..... 'c s�aa:�•�a-�ae-as� �� M:� i E�IS.E�t�NT f � �CTTY'8 PROPRIfTY 16 17 . � �$� �8 228` 97' x ;� � 2 � � � 9� & 0 � 13 f 14 � 15 1 F�;�fFi � ; : � � � I�1 � l� �-, l-r-� 1�� i nEf--, I�-,�, I� I� l,-S 1,- ; Of� ItiyB IN TESTIMONY 'WHEREOF, Grantor has caused #his easement to be execnted in its corporate name by its duty authorized officers, and aitested to this 2D "'' day of �1?sezwl�zr , 2006. C� 0 U ` B � Its �tae. �Azsr'cizf� I�I Its STATE OF MINNESOTA COUNTY OF RAMSEY � ss The foregoing was acknowledged before me this bY G..�, �.�. � the 1/, r.z. �_n � of � . �,1,�.A-�, 3.� MARY JCAY �AL�ER NDTARY PU9LIC • ARINNfS07A � m n�v c�n��n�ss�ow �r��p�s �aaa. �t 293 t� ��,� - This Insiiwnent was drafted by: Department of Pub&c Works TecLnical Services Division - Real Estate Room 100Q City Hall Annex 25 W. 4�` ST. St. Paul, MN 55102 Zo day of ,f ; ,,,,� ; ,,,,� y . , 2006 �'o-uz-�n�� il `� ��- �-x- � '�.m.� Notary Signa e GUteal EstatelFasem�ts�Publce Wmks1SE. Peter_ROndo Stom� Seww Tunnel4SlPeler_AOndo.StmSvrt.TempESmt doc